United States District Court, E.D. North Carolina, Southern Division
U.S. BANK, N.A., AS TRUSTEE FOR GREEN TREE 2008-HE1, Plaintiff,
MARTHA L. LEWIS, ROY NEIL LEWIS, KELLY DIANE LEWIS, CLARA D. LEWIS, RUBY A. BAZEN, formerly known as RUBY TODD LEWIS, and DEPARTMENT OF TREASURY - INTERNAL REVENUE SERVICE, Defendants.
DEFAULT ORDER AND JUDGMENT AS TO DEFENDANTS MARTHA L.
LEWIS, ROY NEIL LEWIS, KELLY DIANE LEWIS, CLARA D. LEWIS, AND
RUBY A. BAZEN FORMERLY KNOWN AS RUBY TODD LEWIS
C. Dever III United States District Judge
CAUSE was decided by the undersigned United States District
Court Judge presiding over the, 2019 session of the United
States District Court, Eastern District, Southern Division,
North Carolina, on Plaintiffs Motion for Default Judgment
against Defendants Martha L. Lewis ("Martha"), Roy
Neil Lewis ("Roy"), Kelly Diane Lewis
("Kelly"), Clara D. Lewis ("Clara"), and
Ruby A. Bazen, formerly known as Ruby Todd Lewis
("Ruby") (collectively, the "Defaulted
Defendants") for their failure to file an appearance or
answer, or otherwise plead to Plaintiffs Complaint.
appearing to the Court that default was entered against the
Defaulted Defendants by the Clerk of Superior Court of
Brunswick County, North Carolina on February 8, 2018 (prior
to the case being removed to this Court) for their failure to
plead or otherwise defend as required by law.
further appearing to the Court that the Defendants were
properly served with a copy of the Motion for Default
Judgment, Supporting Memorandum of Law, and a Proposed
Default Order and Judgment, as shown by Plaintiffs
Certificate of Service filed January 24, 2019, and it
appearing that this matter is properly before this Court.
Court makes the following findings of fact and legal
real property that is the subject of this lawsuit is located
in Brunswick County, North Carolina and-is more particularly
described as follows:
Commencing at an existing MAG nail in the intersection of
Village Point Road Southwest and Bay Road Southwest following
two (2) courses and distances along the western margin of
Village Point Road Southwest: (i) N 41-17-40 W 398.21 feet to
a 5/8" existing iron pipe; and (ii) N 39-46-35 W 99.91
feet to an existing axle, said axle being the Point and Place
of Beginning; thence from said Point and Place of BEGINNING,
proceed the following five (5) courses and distances: (i) S
50-57-07 W 231.71 feet to an existing axle at a Bradford
Pear; (ii) N 43-48-30 W 178.75 feet to a 5/8" existing
iron pipe; (iii) N 25-29-14 E 258.59 feet to a 5/8"
existing iron pipe; (iv) S 42-00-00 E 227.01 feet to a
5/8" rebar set; and (v) S 39-27-00 E 60.56 feet to the
Point and Place of BEGINNING.
Said property being the 1.27 acre tract as shown on the
survey performed by William D. Lewis, Jr. of Bobby M. Long
& Associates dated July 20, 2017 and entitled
"Boundary Survey for U.S. Bank, N.A."
2. On June 11, 1986, Danny Neil Lewis ("Danny")
took title to the Property via a deed recorded with the
Brunswick County Register of Deeds in Book 649 at Page 1074
3. Due to a mutual mistake on the part of the draftsmen and a
mutual mistake between the parties, the Deed's legal
description does not include two call distances and a point
of direction in the Third Tract.
4. In 2001, U.S. Bank, N.A., as Trustee for Green Tree
2008-HEl's ("Plaintiff or "U.S. Bank")
predecessor in interest, Conseco Finance Servicing Corp.
("Conseco"), agreed to loan Danny, and his former
wife, Clara, $94, 500.00, in exchange for a first position
Hen on the Property.
5. On February 27, 2001, a deed of trust from Danny and Clara
to Conseco, U.S. Bank's predecessor in interest,
attempting to secure the Loan to the Property was recorded
with the Brunswick County Register of Deeds in ...